Expelled student alleges ESU police violated her rights

Wednesday

Apr 28, 2010 at 12:01 AMApr 28, 2010 at 12:21 PM

A student who was expelled last week from East Stroudsburg University has filed a federal lawsuit to be allowed to return to class, alleging that her right to due process was violated when her dorm room was improperly searched for drugs.

DAN BERRETT

A student who was expelled last week from East Stroudsburg University has filed a federal lawsuit to be allowed to return to class, alleging that her right to due process was violated when her dorm room was improperly searched for drugs.

Since February, ESU police had been receiving tips that Julie Coulter, 18, of Cherry Hill, N.J., was allegedly selling Ecstasy from her dorm room, according to an investigative report by campus police Officer Matthew Brill. The report was included in court documents in the suit filed in U.S. District Court for the Middle District of Pennsylvania.

Brill tried to arrange for a detective from the Monroe County District Attorney's Office to make a controlled buy from Coulter, but staffers there were busy, documents say.

When police were tipped March 18 that Coulter was in her room in Minsi Hall with drugs, Brill questioned her there, the report says. But Brill entered her room without a warrant or probable cause, questioned her and seized her purse without reading Coulter her Miranda rights, according to the complaint.

Brill's investigative report portrayed it differently, saying Coulter removed a prescription medicine bottle with 12 blue, star-shaped pills, and confessed that they were Ecstasy — an account that Coulter and her lawyer, Scott Wilhelm, dispute.

"We totally disagree with that," Wilhelm said. "The report is full of inaccuracies."

Coulter, who enrolled as a freshman at ESU in the fall, has not been charged with any crime.

Brill was arrested in July on charges that he illegally obtained and possessed more than 1,100 tablets of prescription medicine. In November, Brill was placed on the accelerated rehabilitative disposition program for six months. It is a program for first-time offenders accused of relatively minor offenses. If offenders complete the program, they can have their charges dismissed and expunged from their record.

Last Wednesday, Coulter was called for a hearing before the student faculty conduct board, an internal ESU forum.

A lawyer in Wilhelm's office was allowed to attend but not to speak on Coulter's behalf, the suit says.

Robin Olson, ESU's chief of police, was the sole witness, who testified instead of Brill. Olson read from Brill's investigative report and referred to conversations on the subject he'd had with staff.

"That would never stand up in a real court," Wilhelm said. "It's a fundamental right to challenge your accuser face to face."

ESU declined to comment, citing the pending litigation.

At the hearing, Coulter remained silent on the advice of her lawyer, so that her statements could not be used against her in a potential criminal investigation.

No photograph or laboratory analysis of the drugs were provided, nor was Coulter identified as the person who was interrogated, according to the suit.

"It was kangaroo court," Wilhelm said. "It's a total farce."

Nancy Weaver, assistant dean of students, who presided at the hearing, recommended that Coulter be suspended for a year and made to submit to drug testing upon her return, pending a final ruling by the vice president for student affairs.

Coulter was told she could complete classes, which will finish Friday, while she filed her appeal to ESU President Robert Dillman.

But last Friday, Coulter's residence hall adviser called to tell her to pack up her room by Sunday. If she appeared on campus again, she would be arrested for trespassing, Wilhelm said ESU told her.

"That's kind of crazy when the whole matter hasn't been resolved yet," Wilhelm said. "My biggest beef was that the whole appeal process hasn't been completed."

Coulter is seeking to be allowed to return to campus, plus compensatory damages.